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(영문) 대구지방법원 서부지원 2013.06.25 2013고단355
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

No person shall manufacture, import, store, transport, keep in custody or sell fake petroleum products in a charge.

Nevertheless, from November 11, 2012 to December 20 of the same year, the Defendant sold a large amount of fake petroleum products with an average of 4,000 won on a daily basis, such as where he receives and sells 46,000 won to an unspecified vehicle driver who wants to own oil, by operating a stop store in Daegu-gu Month B from November 201 to December 20 of the same year.

Judgment

According to the evidence duly admitted and investigated, it is recognized that C, the husband of the defendant, sold fake petroleum at the same time and place as the stated in the facts charged, and that the defendant had the defendant make a false confession and instigated the criminal defendant to commit a false confession and was sentenced to conviction. In light of the above circumstances, it is insufficient to recognize that the defendant sold fake petroleum as stated in the facts charged, and there is no other evidence to acknowledge it.

Therefore, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, since this case constitutes a case where there is no proof of criminal facts.

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